Chapter 7 Flashcards
Legal position of atypical employees
What significant changes did the amendments to the LRA, BCEA, and EEA bring about in South African labor laws?
The amendments introduced changes to labor laws, with a focus on balancing labor flexibility and employment security, particularly in relation to non-standard work.
How does Section 198 of the LRA define Temporary Employment Services (TES) or labor brokers?
Section 198 defines TES as any person who, for reward, procures or provides other persons to perform work for a client. TES employees are considered vulnerable, earning below a prescribed threshold.
What is the main focus of joint liability between a TES and its client, as outlined in Section 198 of the LRA?
Joint liability occurs when a TES, in contravention of agreements or regulations, can be held accountable alongside the client. This allows employees to take legal action against either the TES or the client.
According to Section 198A, when does the deeming provision come into effect for temporary service employees?
The deeming provision is triggered after three months of continuous service, where the employee is no longer performing a temporary service for the client.
In Assign Services v CCMA, how are the employment relationships defined after the deeming provision is triggered?
The case establishes two employment relationships: the continuation of the relationship between the TES and the placed worker and a statutory relationship between the client and the TES under the LRA.
What are the justifiable reasons for employers to conclude fixed-term contracts longer than three months, as outlined in Section 198B?
Justifiable reasons include temporary replacements, temporary work volume increases, specific projects, employee training, or situations where external funding supports the position for a limited period.
Who does Section 198C apply to, and what does it stipulate regarding part-time employees?
Section 198C applies to part-time employees earning below a set threshold. Employers must treat part-time employees not less favorably than comparable full-time employees, unless a justifiable reason exists.
What is the significance of Section 198D in the amendments, and what jurisdiction does it grant to the CCMA and bargaining councils?
Section 198D grants jurisdiction to the CCMA and bargaining councils to conciliate and arbitrate disputes arising from the interpretation or application of sections 198A, 198B, and 198C.
In what situations does the deeming provision, according to Section 198A, consider an employee to be employed on an indefinite basis by the client?
The deeming provision considers an employee to be employed on an indefinite basis by the client when the employee is no longer performing a temporary service after three months, unless there is a justifiable reason for different treatment.
What are the time limits for referring disputes related to Sections 198A, 198B, and 198C to the CCMA or bargaining councils, as per Section 198D?
Disputes, excluding unfair dismissal cases, must be referred in writing within six months of the act or omission concerned. Unfair dismissal disputes must be referred within 30 days of the date of dismissal.
